RANA BIRPAL SINGH Vs. EMPEROR

JUDGEMENT

(1.) THIS is-an application under S. 491, Criminal P. 0. , 189s, made on behalf of Eana Birpal Singh who is now under detention in the Central Mental Hospital) Yeravda. Birpal Singh was the Ruler of Bhajji, one of the Simla Hill States, for a number of years up to the year 1940, and it is claimed that thereafter he continued de jure to be the Ruler of that State, In September 1940 he was detained in the Bipon Hospital, Simla, undec warrant bearing the signature of an Additional Secretary to the Government of India, issued under the Bengal State Prisoners Regulation, 1818. Since that time he has remained under detention, In the year 1941 he was removed from Simla to the Mental Hospital at Lahore under a further warrant issued under the same Regulation, and in that year an Ordinance was promulgated to remove doubts as to the validity of the detention in Mental Hospitals of persons on warrants issued under the Bengal State Prisoners Regulation. In the year 1943, a habeas corpus application was preferred to the Lahore High Court by or on behalf of Birpal Singh, but the High Court and the Federal Court in appeal declined to interfere. In consequence of certain observations made by the Lahore High Court as to the desirability of transferring Birpal Singh to a more congenial climate, he was transferred to the Central Mental Hospital, Yeravda, by war-rant dated 21st January 1940, also under the Bengal State Prisoners Regulation, 1813, and addressed to the Superintendent of that Hospital. Since then he has remained there, and his present detention is claimed on behalf of the Government to be justified by the warrant of 21st January 1946. We understand that prior to 15th August 1947, two applications were preferred to this Court by Birpal Singh himself which were summarily rejected.

(2.) IT is now urged on behalf of Birpal Singh that by reason of the constitutional changes which took place in August 1947 the warrant under which he is being detained has ceased to have effect and that his detention is sow illegal, [8] The warrant of 2lst January 1946, is in the following terms:

(3.) UNDER 8. 1, which is the preamble, of the Bengal State Prisoners Regulation, 1818, as it stood when the warrant with which we are concerned was issued, the very exceptional powers of detention provided by the Regulation were exereisable: For reasons of State, embracing the due maintenance of the alliances formed b; the British Government with foreign powers, the preservation of tranquillity in territories of Native Princes entitled to its protection and the security of the British dominions from foreign hostility and from internal commotion.